Website Terms of Use
Agreement
By accessing and using the website, including participation in any of the discussion forums, such as Reckon Community, message boards or blogs, registrations for events, training etc, purchases, or accessing the information, products and services (collectively “the products”) contained in our website, you agree to be bound by the terms and conditions of this Agreement.
If you do not accept these terms and conditions, you must refrain from using this website.
The terms of this Agreement may, from time to time, change. It is your responsibility to re-visit these terms and conditions. By continuing to access the information and products contained in our site you will be taken to have agreed to the terms and conditions.
In these terms and conditions, the terms “we”, “us” and “our” are a reference to Reckon Limited and its subsidiaries.
Data Collection and Privacy
Reckon collects personal information from you when you access or use the website, discussion forums and any products. The terms under which Reckon collects, uses, handles and discloses personal information is as set out in Reckon’s Privacy Policy which can view on the website.
By using the website you consent to the terms of Reckon’s Privacy Policy.
If you do not agree to the terms of Reckon’s Privacy Policy you must refrain from using this website.
Monitoring use of the website
The website uses cookie technology and navigational information. Reckon may monitor and track your use of the website in accordance with the terms of Reckon’s then current Privacy Policy.
Social Media
Our website includes social media tools, such as the Facebook Like button, share this button. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. The social media tools are either hosted by a third party or hosted directly on our Websites. Your interactions with these features are governed by the Privacy Policy and other relevant policies of the companies providing them.
Products
Use of any of the products are governed by the relevant terms and conditions for the product or service.
Except as required by the Australian Consumer Law, Reckon provides the products to you on an “as is” basis and without any representations by Reckon or any of its authorised distributors regarding the use, performance or results of the use, of the products.
Membership Reckon Community and other discussion forums
In order to be able to post information in Reckon Community or any of the discussion forums, you must become a member. To become a member, you must complete your registration details in the manner described on the website. Membership is free but non-transferable.
We reserve the right to terminate your membership at any time if you breach these terms and conditions.
If you are not a member, you are entitled to access the discussion forum for reading purposes only. Persons in this category are described as “guests”.
Membership of the discussion forum is only open to you if you are 18 years old or over. If you are under 18 years of age you must not register as a member of the discussion forum.
Members’ obligations
By registering as a member of any discussion forum or accessing any discussion forum as a guest, you agree to abide by the rules and guides relating to the forum, and the following terms and conditions:
- you acknowledge that any information or material submitted by you to the discussion forum is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction and subject to our Privacy Policy (which can be viewed on our website);
- when you submit material to the discussion forum, you assign all copyright which subsists in such material to us;
- you are responsible for protecting the confidentiality of your password;
- you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
- you agree not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other members;
- you agree not to impersonate any other person;
- you agree to provide current, accurate and up-to-date information about yourself as required under these terms and conditions;
- you agree not to post or transmit any unsolicited advertising or promotional materials;
- any material which you post may be removed by us from the discussion forum without notice at any time;
- you will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;
- you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- you accept that any material or information provided by you may be posted in the discussion forum for any other members or guests to read;
- all information provided by us in our discussion forum is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time;
- we do not make any representations or warranties that the information we provide in the discussion forum is reliable, accurate or complete or that your access to the discussion forums will be uninterrupted, timely or secure.
- except as required by the Australian Consumer Law, we are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears in the discussion forum;
- we do not accept any liability for the accuracy or content of any material posted by other members of the discussion forum. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member;
- we do not accept any responsibility or liability for any information or material which you submit to the discussion forum, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the discussion forum;
- we do not warrant that we will respond to questions or comments submitted by you to our discussion forums;
- If you download any material from the discussion forum, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.
Your posts & Disclaimer
We will correct or delete any information you have posted on the websites if you so request in accordance with Reckon’s Privacy Policy
Disclaimer: We do not warrant that any material you submit to the discussion forum will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your information or material in the discussion forum. If we elect in our sole discretion to post your information or material in the discussion forum, we do not warrant that the material or information you submit will be posted within a certain timeframe.
Third party products and online services
The website and products may contain access to, or features that interface with, third party products and online services (“Third Party Online Services”). Where Third Party Online Services are available, separate terms and conditions with the provider of the Third Party Online Services may apply. Charges may apply for the use of Third Party Online Services including the cost of internet access. Except as required by the Consumer Guarantees, access to Third Party Online Services may be withdrawn by Reckon at any time. Reckon does not make any recommendations in relation to the Third Party Online Services or accept any liability or responsibility for any loss or damage relating to the Third Party Online Services except as required by the Consumer Guarantees. Reckon not provide financial, accounting, taxation, superannuation, wealth management or financial product advice.:
The information contained in the website, including the discussion forums or the products may contain features designed to assist you in complying with the requirements of the relevant legislation. You acknowledge that Reckon is not engaged in rendering legal, accounting or other professional services and nothing in the website, discussion forums or any of the products constitutes taxation, financial, wealth management, superannuation or other professional advice in relation to these matters. The help contained in the Software is not a substitute for obtaining the appropriate independent professional advice. Legal, accounting or other relevant professional advice should be obtained before taking any action in reliance on any of the products or services or what is produced by the or anything on the website the Software or what is produced by you using the Software.
Reckon has no responsibility for recommendations
Except as required by the Australian Consumer Law, Reckon, its employees, agents, contractors and the authors disclaim any and all liability and responsibility to any person, whether a user of the website, the discussion forums or the products, in respect of anything (including, without limitation, any error in or omission from the website or products) and of the consequences of any actions taken or omitted to be taken in reliance, whether wholly or partially, upon all or any part of the content, recommendations or help contained in this website or the products.
Corruption of Data and on-line access
Except as required by the Australian Consumer Law, Reckon and its authorised distributors disclaim all liability for any corruption of data, inability to access data, loss of data, breach of privacy, or downtime as a result of or arising from the use of any online link available between the website or the products and another server including without limitation in connection with any online Services.
Confidentiality
While Reckon uses its best endeavours to ensure that your information remains confidential (including the use of advanced encryption technology), the internet is not completely secure and there remains a possibility that information you provide could be intercepted by unauthorised persons.
By accessing our site, you accept the terms of our privacy statement, which are incorporated herein.
Trademark
Reckon R logos, Reckon Online, Online logo, Reckon Accounts, Advantage logo, Reckon Advantage are trademarks of Reckon Limited (“Reckon”).
Copyright
You agree not to infringe Reckon’s or any third party’s copyright or any other intellectual property rights or common law rights in any of the material on the website or the products, for example you will not copy, down load, re-transmit or disseminate any of the copyrighted material (except where this is expressly permitted by Reckon). You also agree not to infringe any trademark of Reckon or a third party which appears on the Reckon site.
Advertisers, sponsors and links to other sites
By accessing the website it may be possible to link to other sites. Reckon is not responsible in any way for the content or information that may be available or accessed via the website is the sole responsibility of the relevant advertiser or sponsor.
Passwords, access numbers and account numbers
On registration as a user with Reckon for a particular product you may be provided with a confidential password, access number and/or account number. It is your responsibility to keep these confidential and to notify Reckon as soon as you are aware that any of these have been accessed by unauthorised persons. If you give any of these access tools to other persons it is your responsibility for any charges or other liability that may arise from those persons having access.
Reckon ANZ Share Investing
The Reckon ANZ Share Investing service is provided solely by Share Investing Limited (ABN 93 078 174 973, AFSL No. 238277), of 242 Pitt Street, Sydney NSW 2000 an ASX and Chi-X Australia Participant, under an agreement between Share Investing and Reckon Investment Centre Limited (“RIC”). When referring you to ANZ Share Investing, a portion of the brokerage fees paid by you to ANZ Share Investing will be rebated to RIC as a commission. RIC may receive between 12% to 18% of the brokerage payable to ANZ Share Investing plus a trailing commission. To the extent permitted by the Australian Consumer law:
(a) neither RIC or Reckon and its related bodies corporate have any legal liability to you in respect of the Reckon ANZ Share Investing service and the activities and service of Share Investing Limited and its related bodies corporate; and
(b) Share Investing Limited and its related bodies corporate have no legal liability to you in respect of the activities and services of RIC or Reckon and its related bodies corporate.
Traffic flow
Response times and the ability to effect an on-line transaction vary with user demand. You agree not to hold Reckon (or, where applicable, any third party service provider) responsible for any inability to make an on-line transaction to the extent permitted by Australian Consumer Law.
Obligation to pay all relevant subscription and user fees
You agree to pay all subscription, service and user fees which may be levied by Reckon for accessing its site or using the products. These charges may be varied from time to time. It is your responsibility to inform yourself of the charges which are applicable from time to time. This may either be done by accessing the information through the website or telephoning Reckon’s support service.
Limitation of liability
This clause is subject the Australian Consumer Law as amended from time to time, or other similar legislation of a state or territory of Australia.
In Australia, our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced, or service resupplied in the case of a service, if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
To the extent permitted by the Australian Consumer Law Reckon (and any third party service provider): (a) expressly exclude all implied warranties whether as to merchantability, fitness for particular purpose, or otherwise; and (b) exclude all guarantees, conditions, warranties and rights that may be implied into this agreement or imposed by law.
The liability of Reckon (and, where applicable, a third party service provider such as a bank or financial institution) is limited (at the option of Reckon or the relevant third party service provider) to either providing the service again or paying for the costs of the service to be provided again unless otherwise required by Australian Consumer Law.
Except to the extent required by the Australian Consumer Law, neither Reckon, or where applicable, a third party service provider, shall be liable for any consequential, special, consequential, economic or indirect loss that may be occasioned by you accessing the website or using the products; and Reckon’s maximum liability for damages arising in connection with you accessing website or the products.
Accredited trainers and Professional Partners
The list of independent parties contained in Support: Training and Accounting Support section of this website is a list of independent parties who have indicated their preparedness to provide after-sales service, in respect of Reckon products Reckon Ltd does not and cannot warrant the services, the quality nor their suitability for the purpose of the services provided by the listed independent parties. It is the sole responsibility of the purchaser to make the appropriate enquires and satisfy themselves as to the quality, suitability and price competitiveness of any party they may subsequently choose to assist with them in the establishment and use of their services.
The use by the independent parties of any of the Reckon trademarks or logos and advertising material should not be construed as the endorsement of quality, suitability or price competitiveness of the service of the independent parties. There is neither a relationship of agency, partnership, joint venture nor any other association between Reckon/ and the independent party. The independent parties pay annual and other fees to Reckon/.
Jurisdiction
You agree that the terms of this Agreement are to be governed by the laws applicable from time to time in the State of New South Wales, Australia.
Enforceabilty
If for any reason any provision of this Agreement is rendered void or unenforceable at law, then this Agreement is to be read as if that particular term or provision had not been included.